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DAYANIM v. UNIS

171 A.D.2d 579 (1991)

Farangis Dayanim, Appellant, v. George Unis, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 26, 1991

In this medical malpractice action, in which the jury found in favor of the defendant, plaintiff attributes error to various trial rulings and jury instructions. Initially, plaintiff contends that it was error to give a missing witness charge with respect to her treating physicians. To the contrary, it is well settled that a missing witness charge is warranted for the failure to call a treating physician as a witness at trial, unless...

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